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Journal of Intellectual Property Rights

 

ISSN : 0971-5544

 

CODEN: JIPRFG 9(1) 1-94 (2004)
 VOLUME 9

NUMBER 1

JANUARY 2004

 

CONTENTS

Articles

 

 

Geographical Indications under TRIPS Agreement and Legal Framework in India: Part I

 

9

Suresh C Srivastava

 

 

 

Intellectual Property Systems in Scientifically Capable Developing Countries: Emerging Options

 

24

Prabuddha Ganguli

 

 

 

Multi-disciplinary Studies on IPR in R&D: A review

34

 V K Gupta

 

 

 

Border Areas for the Protection of Intellectual Property Rights: An Analysis

43

Harsh Kumar

 

 

Technical Notes

 

 

Cyber Crimes

51

Amarjit Singh

 

 

 

Literature Review

 

 

IPR¾General

57

 

 

· Complying with article 39 of TRIPS... a myth or evolving reality? · IP protection for plant-related inventions in Europe · Assessment of WTO agreement on TRIPS, focusing in particular on trade, moral and information issues · Access regime and the implementation of the FAO international treaty on plant genetic resources for food and agriculture in the Andean group countries · TRIPS principles, reciprocity and the creation of sui-generis type IPR for new forms of technology · Sharing IPR—an exploratory study of joint patenting amongst companies · Foreign direct investment and IPR
· Eyes wide open · Food security and IPR in developing countries

 

Patents

60

 

 

· Future of prior art searching at USPTO · Future of patent information––a user with a view · Patent prosecution in proteomics · Past versus present: the importance of tense in patent application examples · Errors in patent application sequence listings · Patenting genetic materials' unresolved issues and promoting competition in biotechnology · Shifts in the use of utility patents and plant variety protection

 

 

 

Copyright and Trademarks

 

63

· On the technical protection of copyright · Copyright protection and hardware taxation · Copyright as tort law's mirror image, and of harms and benefits: torts, restitution, and intellectual property · Domain names: has trademark law strayed from its path?

 

 

 

IPR News

 

 

 

IPR News—General

 

66

· Economists explore link between intellectual property and development · India wins WTO ruling against EU in drugs case · New Indian Trademarks Act, 1999 · Telcordia acquires DAX intellectual property · Turning an IP dispute into a business opportunity · Technology to foil counterfeiters wins Cambridge Company millions in funding · Wockhardt bags exclusive marketing rights · China gives itself an 'A' grade on WTO

 

 

 

Patent News

 

72

· US reviews disputed Web patent · US court rejects Glaxo's Augmentin patent appeal · CAL bags 1st US patent for local component · Patent infringement lawsuit against MAN Roland · Agrobacterium transformation technology patented

 

 

 

Copyright and Trademark News

 

75

· Europe soon to embrace new .eu top level domain · WIPO member states make progress on key copyright issues · Australia convicts online pirates
· Copyright claimed on telephone tones · Ring tone music piracy thriving in Asia · DuPont's copyright brochure protected

 

 

Key Patents

 

79

· Regulate CGMP pH · Novogen gets patent for soy isoflavone supplements · Protein products from the environment · Polylon turf patented · Lorazepam nasal delivery system patented · A process for the production of a soybean lipoxygenase inhibitors · A process for preparation of an extract from curry leaves (Muraya koenigi) · An improved process for the preparation of naringinase enzyme using Pencillium

 

 

 

Conference Reports

 

82

· Seminar on Intellectual Property Rights · R&D Management Conference 2003

 

Author Index
   
Keyword Index
 

 

Journal of Intellectual Property Rights

Vol 9, January 2004, pp 9-23

 

Geographical Indications under TRIPS Agreement and Legal Framework in India: Part I

Suresh C Srivastava

 

Geographical indication is one of the instruments of protecting the quality, reputation or other character of goods essentially attributable to their geographical origin. TRIPS Agreement prescribes minimum standard of protection for geographical indications. This paper is in two parts. Part I examines the basic issues of protection of geographical indications relating to TRIPS Agreement. It describes concepts of geographical indications, controversy of additional protection extended to wines and spirits, multi-lateral system of registration of geographical indications, and approaches for resolution of conflict between geographical indications and trademarks. Part II of the paper dealing with law and practices relating to protection of geographical indications in India will appear in the next issue of this journal.

 

Keywords: Geographical indication, TRIPS Agreement, Trademarks, Wines and spirits

 

 

 

Journal of Intellectual Property Rights

Vol 9, January 2004, pp 24-33

 

Intellectual Property Systems in Scientifically Capable Developing Countries: Emerging Options†

 

Prabuddha Ganguli

 

The paper discusses the intellectual property systems in scientifically capable developing countries. The author suggests the need for national IPR policies to build in vigilance against deliberate or accidental misappropriation of traditional knowledge by patentees. Case studies of a few scientifically capable developing countries like India, China, and Republic of Korea, have been taken to illustrate the approaches taken by them in restructuring their IPR systems during the last few decades. According to the author, these countries will have to evolve pragmatic policy models that would comprehensively address the integration of IPR into their national systems for continual and balanced economic growth.

 

Keywords: Intellectual property system, intellectual property policy, economic growth, developing countries

 

 

 

Journal of Intellectual Property Rights

Vol 9, January 2004, pp 34-42

 

Multi-disciplinary Studies on IPR in R&D: A Review†

 

V K Gupta

 

Scholars from several disciplines have contributed to the literature of IPR. This paper undertakes a review of multidisciplinary studies on IPR from the perspective of their use in R&D. It highlights the importance of creating awareness about IPR among scientists and delves upon the studies on patent information for R&D and technology development, R&D policy and management, and library and information sciences.

 

Keywords: Intellectual property rights, IPR, Patent information, R&D, Technology development

 

 

 

Journal of Intellectual Property Rights

Vol 9, January 2004, pp 43-50

 

Border Areas for the Protection of Intellectual Property
Rights: An Analysis

Harsh Kumar

 

The primary focus of this article is to analyse the issues concerning the enforcement of intellectual property at the border. The paper compares and contrasts the mandates under the TRIPS Agreement, and those under the Indian laws with special emphasis on the Copyright Act, 1957, the Trade Marks Act, 1999, and the Customs Act, 1964, and thereby examines the extent to which India satisfies the TRIPS obligations. The areas of departures as visualized have been brought out together with an analysis of the enforcement standards under the Indian regime.

 

Keywords: Border measures, TRIPS enforcement, Intellectual property system,  TRIPS Agreement, Counterfeit trademark

 

 

 

Journal of Intellectual Property Rights

Vol 9, January 2004, pp 51-56

 

Cyber Crimes

 Amarjit Singh

 

The paper examines the cyber crimes. It suggests bringing these crimes under international crimes, which, however, is unlikely to receive sufficient support, formulation of an international model law on cyber crime is another suggestion based on which countries could legislate their cyber laws.

 

Keywords: Cyber crimes, Hacking, Cyber scams and frauds, Computer virus, Internet defamation, Software piracy, Cyber squatting

 

 

 

Author Index

 

Ganguli Prabuddha  

24

Gupta V K

34

Kumar Harsh  

43

Singh Amarjit 

56

Srivastava Suresh C

9

 

 

Keyword Index

 

Agriculture 58 Generic Top Level Domain 75 Plant genetic resources 58
Augmentin patent 73 Genetic materials 62 Plant intellectual property 62
    Geographical indication 9 Plant variety protection 62
Border measures 43     Polylon turf 80
    Hacking 51 Prior art searching 60
Caseino glyco macro peptide 79 Hardware taxation 63 Protein products 80

Computer virus

51

    Proteomics 61

Convention on Biological Diversity

58

Indian Trademarks Act 67    
Copyright 78 Intellectual property policy 24 R&D 34
Copyright brochure 79 Intellectual property protection 57

 

 

Copyright protection 63 Intellectual property rights 34

Software piracy

51

Counterfeit trademark 43 Intellectual property system 24 Soybean lipoxygenase inhibitor 81
Counterfeiters 69

Internet defamation

51

Sui-generis system

58

Cyber crimes

51

IP dispute 68    

Cyber scams and frauds

51

IPR 34 Technology development 34,37

Cyber squatting

51

   

Telephone tones

78

    Joint patenting 59 Trademark law 64
Developing countries 24     Trademarks 65
Digital Millennium Copyright Act 63 Music piracy 78 Transgenic crops 57
Domain names 64     TRIPS Agreement 9,43
    Naringinase enzyme 81 TRIPS enforcement 43
Economic growth 24 Nasal delivery system 80    
European Directive 63

 

 

Utility patents 62
Exclusive marketing rights 17

Online pirates

77

   
        Web patent 72
Food 60 Patent information 37 Wines and spirits 9
Food security 60

Patent infringement

74

World Trade Organization 67
Foreign direct investment 59 Patent prosecution 61